Taggart v. Battaglia

In this action for timber trespass, plaintiffs appeal from the partial summary judgment, ORCP 67 B, entered in favor of defendant. Because we conclude that defendant is not entitled to judgment as a matter of law, ORCP 47 C, we reverse and remand.

The property that is the subject of this dispute was owned by Hilda Caspar, who died before the occurrence of the events that led to this action. On January 14, 1981, Caspar leased the property to defendant’s predecessors in interest “for agricultural purposes only, including the planting, growing and harvesting of Christmas trees thereon.” The lease…